All Forum Posts by: Richard C.

Sell.

But in the meantime...

"Even at this price I'm getting problem people applying for example... one person who wanted to use it as a daycare. "

I really hope you know your obligations and a tenant or prospective tenant's rights when it comes to in-home day care in California.  If you prevent people from doing it, or refuse their application because of it, or charge a higher deposit, the fines you will get will make your current financial challenges look small.

 Yeah, well New Jersey ain't South Carolina.

 I did.  And you gave horrible advice.

 Whether it is a tenancy or not is a question of law, not your opinion.

People should be careful when offering bad, ignorant advice that could get people in trouble.

Listen.  Listen closely.  You are setting yourself up for some very real pain if this gets to court.  Knock it off, RIGHT NOW, with the "creative" self-help constructive eviction nonsense.  Seriously, I cannot emphasize this enough.  It is YOU, not him, who is going to end up on the wrong side of this.

In fact, I strongly encourage you to change your user name (you are allowed to use a last initial, as I do, rather than your whole name) and delete your profile picture.  You don't want this showing up on a google search.

Go to a lawyer, and let him deal with it.  Do NOTHING but what he specifically instructs you to do.

I really hate to see you get jammed up by a deadbeat inlaw.  However satisfying it is to get, "creative,"  you are in very real danger of getting in a lot of trouble.

Lawyer, right away.

If the apartment was rented with washer/dryer hookups, then it is your responsibility to supply (current, working) washer dryer hookups.

If, on the other hand, the lease says no hookups are provided, but the tenant simply found some and stared using them, then you have no need to replace them at your expense.

So what does the lease say?

I second what Thomas S. says above.  The liability is on the landlord, and you really cannot offload it to the tenant by means of lease language or a "smoke detector notice."  In fact, I strongly recommend that the poster who mentioned such a notice discuss the matter with his attorney.  The existence of such a notice could actually be used against him, rather than protect him.

The landlord is responsible.  That is why I have hard-wired detectors.  If I did not, I would buy the ones with the sealed, 10-year battery.  And probably replace them in year 7.

Another note, that I always put into posts about detectors and extinguishers.  You should check with your insurance company and a local fire prevention company.  The discount I receive on my insurance pays more than half of the cost of having a fire prevention company test detectors and recharge extinguishers.  And if something does happen, that is another party (and THEIR insurance company) that may bear some or all of the liability.

 Ridiculous.  The tenant is not responsible for an exterior window that someone else broke, while they were in the hospital.  You will never, ever have that affirmed by the housing court judge magistrate.

Not only can they not be evicted for it, they will not have their security deposit withheld for it, if they fight it.

Paint the doors and trim to make it, "Pop."  Only paint the brick if it has already been painted, or is so graffiti covered that it is impossible to clean.